Some 12 years after the introduction of the direct provision system for asylum seekers in Ireland, there is an urgent need for this system to be placed on a legislative basis. Asylum seekers are prohibited from working in Ireland and, since 2009, have no access whatsoever to the general social welfare system. Instead, asylum seekers are provided with accommodation on a bed and board basis, and given an allowance of €19.10 per week per adult and €9.60 per week per child. I have previously discussed issues relating to direct provision on this blog, including value for money, housing and human rights, children in the direct provision system, separated children in Ireland, women in the direct provision system.

Direct provision was introduced in April 2000 due to the perceived pull factor access to the mainstream welfare system was supposedly having on the numbers claiming asylum in Ireland. (My article on the direct provision system provides further background to the introduction of this system). The purported legal basis for the introduction of the system of direct provision was the system of supplementary welfare allowance, whereby the needs of asylum seekers were to be met in kind, through the provision of bed, board and a small allowance. It was not until 2003 that legislation was introduced to prevent asylum seekers from receiving rent allowance.[1] The habitual residence condition was introduced shortly afterwards, which restricted access to welfare payments for those who were not habitually resident in Ireland.

At the meeting, the ICI highlighted existing legislative provisions for immigration-related detention in a wide range of circumstances, as well as the proposed provisions in the Immigration, Residence and Protection Bill 2008. The ICI also highlighted the ongoing difficulties in monitoring the welfare and conditions of migrants in detention due to the lack of official data recorded by the Irish Prison Service or other agencies…In addition, the ICI raised concerns about victims of trafficking being kept in detention and charged with immigration related offences, concerns which were also expressly highlighted by the US Trafficking In Persons Report (2009)